RAGHBIR SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner joined as a Tubewell Operator in the capacity of work charge employee in the Irrigation Department, Government of Punjab, Tubewll Division on 21.9.1970. It comes out that he worked there till 31.5.1974 and thereafter, he did not attend his duties from 1.6.1974 to 6.2.1976 as work charge employee and had either remained absent or deemed to have been terminated or not employee. Thereafter, he was again given fresh appointment with effect from 7.2.1976 on work charge basis and he worked there till 9.12.1983. In the meanwhile, his services were regularized with effect from 1.8.1982. Thereafter, he was appointed in Punjab State Tubewell Corporation Limited, which is a semi Government Organization with effect from 10.12.1983 and worked there till his retirement on 28.2.2010. It also comes out that his job in Punjab State Tubewell Corporation is not pensionable. There is no dispute regarding the retiral benefits, as admissible to the petitioner, which have been paid to him.

(2.) The claim of the petitioner is that his two spells of service i.e. first spell from 21.9.1970 to 31.5.1974 and the second spell from 7.2.1976 to 9.12.1983 in the Irrigation Department, Punjab Government, should be counted together for the purpose of computing this period for qualifying pension on the basis of Rule 4.23 of the Punjab Civil Services Rules.

(3.) I have heard the learned counsels for the parties and have also carefully gone through the file.